Right-of-Way Purchase Agreement

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Right-of-Way Purchase Agreement Powered By Docstoc
					       Texas
    Department
  of Transportation

ROW-N-101
Rev. 3/2004
GSD-EPC
Page 1 of 2


                                         PURCHASE AGREEMENT
                                      (for use where title insurance is purchased.)

THE STATE OF TEXAS                                 §           County:
                                                   §           District:
COUNTY OF                                          §           Federal Project No.:
                                                               ROW CSJ No.:
                                                               Parcel No.:
                                                               Highway:

This Agreement by and between the State of Texas, acting by and through the Texas Transportation Commission,
and hereinafter called the State, and      , hereinafter called Owners, whether one or more, shall be effective on
the date of approval and execution by and on behalf of the State.

In view of the mutual covenants herein expressed and contained, the Owners agreeing to and do hereby agree to
grant, bargain, sell and convey for the consideration and upon the terms hereinstated to the State and the State
agreeing to and does hereby agree to purchase for the consideration and upon the terms herein stated the property
situated in        County, Texas which is described in Exhibit "A" and which is attached hereto and incorporated
herein for any and all purposes.

The State and the Owners do further agree as follows:

Total Price:          Dollars ($      ) to be paid by the State for full title to the property which is described in
the said Exhibit "A," save and except the oil, gas and sulphur as provided in the hereinafter called for deed, free of
all liens, assessments and encumbrances.

Title Evidence: The State will acquire at its own expense a policy of title insurance issued by       , agent for
       , called the State's Closing Agent, which policy on consummation of this transaction guarantees title in the
State. The State, without cost to Owners, will pay the cost of recording all instruments conveying title to the
State.

Ownership and Warranty Deed: Owners agree to convey to the State full title to the said property and all
appurtenances thereto for the consideration stated subject to the aforementioned exception. After approval of title
by the State, Owners agree to deliver to the State’s Closing Agent a general warranty deed, properly executed,
conveying full title to such property as herein provided. The State warrant in payment of the consideration for
such property shall be delivered to the State’s Closing Agent and same shall be payable jointly to the Owners and
said State's Closing Agent. In the event Owners are unable to convey full title, subject to the aforementioned
exception, to said property or a title satisfactory to the State, then this agreement shall be null and void.

Possession: Until payment is made, title and possession of the property to be conveyed to the State remain with
the Owners. Owners shall bear all risk of loss to any and all of such property. In the event the condition of the
property should change, for any reason, prior to the date of delivery of possession to the State, the State shall
have the right to declare this agreement null and void.

Incidental Expenses: After the date of payment of the purchase price, Owners will be reimbursed for any fair
and reasonable expenses necessarily incurred in transferring title to the property to the State for its use. Expenses
eligible for reimbursement may include (1) recording fees, transfer taxes, and similar expenses incidental to
conveying the real property to the State and (2) penalty costs for prepayment of any preexisting recorded
mortgage entered into in good faith encumbering the real property. Voluntary unnecessary expenses or expenses
ROW-N-101
Rev. 3/2004
Page 2 of 2


incurred in clearing questionable title will not be eligible for reimbursement. Eligible incidental expenses will be
reimbursed upon submission of a claim supported by receipted bills or other evidence of actual expenses incurred.
Owners may file a written request for review if it is believed that the Department failed to properly determine the
eligibility for or the amount of incidental expenses to be reimbursed. There is no standard form on which to
request review of a claim; however, the claim must be filed with the District Office of the Texas Department of
Transportation serving the area in which the said property is located within six months after Owners are notified
of the Department's determination on any claim for reimbursement.

Relocation Assistance: It is mutually agreed and understood that any benefits which may accrue under the State's
Relocation Assistance Program will be handled entirely separate from and in addition to this transaction. Owners
hereby acknowledge receipt of the brochure entitled "Relocation Assistance."

Additional Clauses:

THE FULL AGREEMENT OF THE STATE AND THE OWNERS IS SET FORTH IN THE FOREGOING
TEXT OF THIS INSTRUMENT, AND NO OTHER REPRESENTATIONS OR OBLIGATIONS OTHER
THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED.

OWNERS:                                                EXECUTION RECOMMENDED:



                                                       District Engineer,     District


                                                                            THE STATE OF TEXAS

                                                       Executed by and approved for the Texas Transportation
                                                       Commission for the purpose and effect of activating and/or
                                                       carrying out the orders, established policies or work programs
                                                       heretofore approved and authorized by the Texas
                                                       Transportation Commission.


                                                       By: _____________________________________________
                                                            John P. Campbell, P.E.
                                                            Director, Right of Way Division

                                                       Date: ____________________________________________

				
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